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(영문) 수원지방법원 2018.04.26 2017고단6668

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2017, at around 22:10, the Defendant filed a complaint with the president that the president is negligent in his/her employee, in the Dpenta located in C, and the Defendant corrected the part of the indictment to the victim E, a workplace employee, in accordance with the facts acknowledged by evidence, “The victim E, the president of which is an employee, is negligent in his/her employee,” among the facts charged in the indictment.

The term "Ise Hase Hase Do"

On the other hand, the power in the Republic of Korea is so small that it can be seen as one time only.

One time, CCTV will be set off in the auxiliary building.

"......... as the kitchen knife for the kitchen (30cm in the blade) which is a dangerous thing in the kitchen of the above kitchen 113 kitchen, the victim will die as the victim ......

I will die from now to now.

“Intimidating the victim”, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes to data on site photographs;

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] 4 types of intimidation (Habitual, repeated crime, special intimidation) (4 to 1 year) area to be mitigated (4 months to 1 year): The scope of comparison between punishment and recommended punishment: April to 1 year [the decision of sentencing] area disadvantageous to the defendant: Before April to 1 year (the decision of sentencing] area disadvantageous to the defendant: the kitchen which is dangerous under the influence of alcohol and the victim will die;

In light of the contents and methods of the crime by intimidation, the liability for the crime is infinite. Circumstances favorable to the defendant: contingent crimes. The victim’s punishment is not permissible, and the victim’s mistake is recognized and reflects. There is no record of punishment in the Republic of Korea. The general elements of the sentencing conditions prescribed in Article 5